Exactly 6,816,169 voters, 86.85% of all those who cast a ballot, selected YES and, thus, chose an emancipatory, inclusive law of laws, socialist to the core, renewed and, at the same time, safeguarding the irrevocable, the well-armored of the matter, that which could be called a question of “Homeland or Death.”

Voting NO were 706,400 Cubans, 9% of those who exercised their right to vote, a minority, apparent from the beginning of debates held during the drafting process, prior to ratification at the ballot box. But the YES vote was resounding.

On that February 24, consensus “rained” on all differences among Cubans, a consensus built one opinion at a time, in the form of articles and discussions, without undermining even one of the essential principles. Quite simply, the voice of the people prevailed, as has happened with every major national decision in more than 60 years.

In this constitutional game, Cuba executed a tremendous plan including history, symbol and reason, nothing was fortuitous. The popular consultation was opened on August 13, as a tribute to Comandante en jefe Fidel Castro Ruz; the approval vote took place precisely 124 years after Cuba’s national liberation struggle was re-launched; and the Constitution was proclaimed on another April 10 of rebirth. Its implementation is now underway, as a compass for today and years to come.

From its first article, the 2019 Magna Carta emerged superior, defining Cuba as a “socialist state of law and social justice, democratic, independent and sovereign, organized with all and for the good of all…”

And three articles later is No. 4, worth remembering these days as opinions are being floated regarding the “irrevocable nature of the socialist system,” established here.

In terms of rights, the Cuban supreme law also expanded its reach, concentrating some statements and incorporating others, in line with various international conventions and protocols ratified by Cuba, which strengthened the legal basis protecting citizens’ freedoms.

The fact that the first article opening this section recognizes human dignity as “the supreme value that sustains the recognition and exercise of duties and rights enshrined in the Constitution” demonstrates the intention of each postulate.

The protection of women was also strengthened; the right to equality was expanded by incorporating, among others, non-discrimination based on gender identity, ethnic origin and disability; a chapter devoted to families was added; and new principles were added in terms of justice and due process in courts of law.

At the same time, limits were set, as in all areas of life; limits protecting the rights of others, collective security, general welfare, respect for public order, the Constitution and the law; limits that should not be ignored by those who launch every “struggle or demand” with a call to respect their rights.

Our economic foundations were also renewed on the basis of planning and socialist ownership by the people of the fundamental means of production, with the addition of recognition of the role of the market and new forms of non-state ownership, including private property.

Novel aspects of state structure brought, perhaps, the most significant transformations, under the maxim, which became a constitutional mandate, of strengthening the nation’s institutionality and moving toward greater order, at all levels.

Likewise, as one of the Magna Carta’s transitional provisions, the thirteenth was also born, specifically, the approval of a legislative schedule to draft laws to fully implement constitutional postulates, Policy Guidelines approved at the Seventh Congress of the Party and regulatory proposals for state bodies to ensure the fulfillment of their functions.

Based on this schedule, established in December of 2019, the Cuban National Assembly of People’s Power approved six laws in 2020, of the 14 projected, due to the impact of COVID-19, while the Council of State, issued 25 decree-laws.

During the time remaining in the current legislature’s term (2021-2022), 26 laws must be submitted to the National Assembly of People’s Power and 29 decree-laws must be approved by the Council of State, for a total of 55 provisions.

The Constitution is becoming a reality in strict compliance with the rules established for its development, faithfully adhering to the letter and spirit of the supreme law, respecting all principles enshrined therein and, above all, moving forward, toward all that remains on the plane of aspirations.

With two Februaries behind us, this landmark text continues to challenge us as a nation, to greater efforts in pursuit of all possible justice.

(Taken from Granma)

The session was held in an atypical fashion given the current epidemiological circumstances imposed by the COVID-19 epidemic, with only deputies from Havana and those representing other territories who reside in the capital physically present at the Convention Center; while, those in the rest of the country’s provinces participated online, via videoconference.

FOREIGN SERVICE BILL

Proposed regulations were presented by deputy and Minister of Foreign Affairs Bruno Rodríguez Parrilla, also a member of the Party Political Bureau, which outline the foreign service’s principal objectives in a single body of law – with that status – the functioning of the state as regards the service and the foreign section, consistent with the principles of foreign policy and revolutionary diplomacy established in the Constitution and on the legal order.

The bill also establishes the functions of diplomatic and consular missions, as well as the common powers and duties of members of the foreign service, and requirements for entry and permanence in the corps.

The central concerns expressed during discussion of the bill focused on the relevance or not of using the term blockade textually in the legislation, as one of the common challenges of those participating in the state and the government’s international efforts.

On this matter, Deputy Rolando González Patricio noted that the fight against the blockade, given what it represents for the island, should be cited in the legal text, although he recognized that it would be appropriate to broaden the concept and include the need to confront all types of interference, including any future attempt, which like this cruel policy, seeks to undermine the sovereignty of our country.

Other participants commented that the regulations are focused on the foreign service of the Cuban state, with no specific guidelines proposed for non-governmental organizations (NGOs). In this regard, Rodríguez Parrilla noted that the legal document refers to “organizations” as a broad category, which would include NGOs.

In the case of self-employed workers, non-agricultural cooperatives and other forms of non-state management, he said, these figures are recognized in references to natural and legal persons, according to their respective legal authority, and no formulations are specified, since the objective of the law does not address economic, commercial or tourism roles.

ORGANIZATION & FUNCTIONING OF THE COUNCIL OF MINISTERS

This document, submitted for the consideration of deputies, establishes the functions of the Council of Ministers and its Executive Committee, as well as those of the Prime Minister, Deputy Prime Ministers, the Secretary and other members of the Council of Ministers; these functions are governed by the provisions of the Constitution and other approved legal statutes.

In this regard, Elba Martínez Amador, head of the Council of Ministers’ Legal Advisory Group, stated that the regulation includes Decree Law 272, “On the Organization and Functioning of the Council of Ministers,” dated October 16, 2010, as well as the constitutional changes introduced in the structure of the state.

In accordance with these provisions, the Council of Ministers assumes, among other functions, preparation of the draft State Budget and, once this is approved by the National Assembly of People’s Power, its execution, Martinez Amador stated.

Regarding this function, Félix Martínez Suárez, deputy for the province of Guantánamo, offered the opinion that reporting liquidation and evaluation of the budget to the Assembly should be included as another responsibility.

Also addressed in this bill are the Prime Minister’s authorities, as well as the processes of appointment, replacement, revocation and resignation of this individual. According to the document, the Prime Minister is nominated by the President of the Republic and appointed by the National Assembly for a period of five years, on the basis of a favorable vote of the absolute majority of deputies.

The regulations establish that, in the event of temporary inability to perform the duties of the office, the Prime Minister’s responsibilities are assumed by a Deputy Prime Minister determined by the President of the Republic.

ROLES OF THE PRESIDENT & VICE PRESIDENT OF THE REPUBLIC OF CUBA

This is a document that has no legal precedent, which outlines the obligations, requisites and procedures for the election of both the President and the Vice President of the Republic of Cuba, as well as provisions for any temporary inability to fulfill their duties for certain reasons, summarized the head of the Council of Ministers’ Legal Advisory Group.

Likewise defined are the President’s relations with the National Assembly, as well as other bodies, agencies and entities of the state, and especially, with citizens and mass social organizations, as established in the Constitution as a guarantee of the full dignity of the people and their integral development.

One of the main issues raised by legislators was related the regularization of the President’s accountability report to the National Assembly, which is to be presented orally once a year, during one of the sessions, to summarize relevant aspects of the national government’s policies.

Deputies additionally emphasized the need to establish mechanisms for feedback, beyond the report presented by the President, to ensure that the essence of the accountability process is preserved.

Among the proposals made by legislators was the specific inclusion of illness as a reason for the temporary inability to perform the duties of the presidency or vice-presidency, and to establish the competent body that would determine such inability.

Also suggested to the drafting commission was the specification that no proposal could be made on the President’s initiative to reform requirements or conditions for the election of the President and Vice President of the Republic.

For her part, Gladys Bejerano Portela, deputy for Guantánamo and Comptroller General of the Republic of Cuba, pointed out that it would be more feasible to establish that the head of state should assume among his functions the evaluation and approval of annual directives establishing national auditing priorities for both the Comptroller’s Office and of the national audit system.

RECALL OF PEOPLE’S POWER ASSEMBLY MEMBERS

The revocation of a mandate is a legal-political instrument for voters and their representatives to exercise the right to participate in the control of state power, stated José Luis Toledo Santander, president of the National Assembly’s Constitutional and Legal Affairs Commission.

The proposed regulations cite as acceptable causes for a recall process repeated failure to comply with obligations; behavior unbecoming of a public figure; and conduct incompatible with the honor of representing the people in a People’s Power body.

Toledo Santander noted that the document establishes procedures for the recall of delegates to municipal assemblies, their presidents and vice presidents; provincial governors and lieutenant governors; the National Assembly’s deputies, President, Vice Presidents and Secretary; members of the Council of State; as well as the President and Vice President of the Republic.

In relation to this bill, legislators focused their comments mainly on the appropriateness and necessity of including the meaning of the term “revocation,” to ensure better understanding by the population, in addition to other specificities that govern this process.

The approval of the four draft laws, an unprecedented number in National Assembly sessions, was carried out online, given the country’s epidemiological situation and in line with measures adopted to address COVID-19.

The battle against the pandemic and the country’s new normal; information on the monetary re-ordering process; discussion of the national economic plan; closing of the annual state budget; and the swearing-in of new deputies assuming vacant seats were also included on the agenda of the National Assembly’s Fifth Period of Ordinary Sessions.

(Taken from Granma)

The approval of a more advanced constitutional text was not only proof of the continuity that has marked the course of our revolutionary process, but at the same time, the starting point for another stage of intense, challenging work.

The Policy Guidelines, Development Plan through 2030 and Conceptualization of Cuba’s Economic and Social Model, made clear that today’s Cuba required transformations to make our social system more sustainable, developed, proactive, and thus more just and rich in opportunities. To do so, we needed a new Constitution.

Collective consensus for the organizational structure of the Magna Carta, approved by referendum and proclaimed on another historic date, April 10, indicated another path, moving in two crucial directions. On the one hand, the approval of a comprehensive legal and regulatory framework that would allow the Constitution’s content to become a reality; and on the other, the realignment of both state and government structures to become more functional, efficient and objective, in order to reach the ultimate objective – our country’s development on all fronts.

This year, these unavoidable goals were sustained with discipline and order, despite the permanent battle against increasingly obsessive U.S. policy toward Cuba, and the countless tensions it caused.

THE ESSENTIAL LEGISLATIVE MISSION
The legislative work of Cuba’s National Assembly was intense in 2019. Several laws have already been approved by deputies, reflecting stipulations in the Constitution and addressing the need to regulate certain indispensable social and economic processes.

During the first ordinary session, after the new Magna Carta’s proclamation, three new laws of special importance were approved: Act 127 or Electoral Law, Act 128 or Law of National Symbols of the Republic of Cuba, and Act 129 or Fisheries Law, the first law addressing this issue at the national level.

Our current Constitution, of course, reflects important changes in the constitutional order. Its first transitional provision dictates that a new Electoral Law must be approved by the National Assembly within a period of six months of its proclamation, to guarantee the establishment of Electoral Councils at all levels, and the subsequent election of new figures described in the constitutional text that differ from those in the previous law dated October 29, 1992. As to be expected, the new Magna Carta also includes procedures to elect figures already known, including deputies, delegates to Municipal Assemblies of People’s Power and their leadership.

The Law of National Symbols, on its part, will allow, as it explains, to solve problems of regulations previously in effect, and also to make use of these symbols, to some extent, more flexible, in line with interests expressed by Cuban citizens.

As for Fisheries Law, its second Whereas makes clear ¨the objective of establishing fishery resource management based on the principles of preservation, sustainable use, a precautionary approach, implementation of scientific-technological criteria and environmental protection as defined in domestic and international norms and principles of food security and sovereignty to guarantee the implementation of Cuban fishery policy in a progressive, flexible and effective manner.¨

Toward the end of 2019, the National Assembly approved, in its last ordinary session, two new laws, important to the improvement of People´s Power bodies: 1- Law of Organization and Operation of Municipal Assemblies and People´s Councils, and, 2- Law of Organization and Operation of this body and the Council of State, which represents the Assembly between sessions.

Remaining to be done is much complex legislative work, as reflected in the agenda approved for this purpose, with a total of 70 regulations including laws and decree-laws through 2023, and 24 regulations that will enter into effect from 2023 to 2028. No doubt, all these regulations are directed toward the optimal organic functioning of the Cuban nation.

MORE FUNCTIONAL ORGANIZATION, APPROPRIATE FOR PRESENT TIMES

January 2020 saw two closely related processes that contributed to not only strengthening state structures, but also affording a leading role to territories in decision-making, in the search for local solutions to problems, moving toward more horizontal processes involving reasoning and assuming strategies in line with the closest reality, as well as progress towards municipal autonomy.

First, delegates to Municipal Assemblies of People’s Power nationwide elected Governors and Lieutenant Governors in their respective provinces. They then approved, at the proposal of their respective presidents, the individuals now serving as Superintendents. Each of these elected figures has their respective duties outlined in the Constitution.

However, at this step was preceded by others, entailing changes to the highest levels of the country´s leadership and the National Assembly of People’s Power, the state’s highest governing body which elected its President, Vice President and Secretary, who in turn formed the Council of State.

The main reason for this decision is that the Council of State is the body that represents the National Assembly between sessions, to which it is accountable. Although the Council of State has the authority to approve essential decree-laws for conducting certain processes in the country, these decree-laws must be confirmed by National Assembly in the next session. The Council of State’s powers are clearly defined in the Constitution.

According to the Magna Carta, the National Assembly is also responsible for electing the President and Vice President of the Republic. The President, who must be a National Assembly deputy, is elected to serve a five-year term by a majority vote, and is also accountable to this body for all activity. The Vice President is elected in the same manner, and fulfills duties as delegated or assigned by the President.

Cuba’s Magna Carta clearly defines the structure of the Republic’s government, with the Council of Ministers as its highest executive and administrative body. This council is headed by another new figure identified in the Constitution: the Prime Minister. This individual, who serves as head of the Republic’s government, is nominated by the President of the Republic and must be approved by an absolute majority of deputies.

BEYOND CONSTITUTIONAL TERMS
Although, this article provides a brief summary of separate steps completed to bring constitutional principles to life, the real essence of these steps and impact within society goes far beyond the legal language or terms in a Constitution.

The fact is that everything achieved thus far, and all that is still up for discussion, in no way negligible, has an undisputed leading figure: the people. And with the deep essence of the people, this work has been done. Let us never forget that our deputies represent even the most humble of Cubans, those who live in the most remote areas, those who are still very young, and those who have lived many years.

Let us not forget that approving the Magna Carta by constitutional referendum and enriching it with our opinions in broad popular consultation, implies majority support for the processes that emerge from its chapters and sections.

This has been above all a year of learning, of understanding that transformation is a key principle in the process of developing, growing and expanding the horizons to which we aspire. Everything we do together, with the conviction of “thinking as a country,” is for our benefit, that of our family, of the people we love and have the privilege of living in Cuba.

José Martí, Cuba´s Apostle, showed us with his limitless greatness and the undeniable depth of his language, that the stars are not reached by taking flat roads. We can interpret from this wisdom that if our willpower is the driving force, however rugged the road, the stars are not impossible to reach with the sure guidance of our leaders.

(Granma)

The ceremonial opening of the 2019 Judicial Year was presided by the President of Cuba’s Councils of State and Ministers, Miguel Díaz-Canel Bermúdez, yesterday January 14, with Esteban Lazo Hernández, President of the National Assembly of People’s Power, participating as well, at the Supreme Court located on Aguilar Street in Old Havana.

The holding of such events is an international practice that Cuba has re-initiated, as a reflection of the strengthening of institutionality and the importance of the courts to the construction of the country’s economic, political, and social project.

In Cuba, Díaz-Canel noted, “The administration of justice is conceived as a public service, vital to maintaining legality, order, citizens security, and in promoting the effective exercise of rights and fulfillment of duties,” thus the necessity of their acting in an ethical, diligent manner, committed to the values of our society, he added.
Despite obtaining superior results across the board, there are still fissures, he acknowledged, related to unjustified delays, errors, and negligence in the holding of trials, as well as improper behavior and violations of ethics.

The fundamental work of 2019 will be oriented toward correcting these deviations and continuing to promote the application of science and new technologies in this arena.
IN FIGURES
- During 2018, 163,883 cases were considered by the courts. Of these, 149,061 were processed and resolved.
- 74,388 final judgments were to be executed. Of these, 69,709 were completed.
- Women and young people constitute 84% and 34%, respectively, of the country’s professional judges.

(Granma)

Of the 800,000 tabloids distributed to date, more than 699,000 have been sold, while another 200,000 will be delivered to sales points across the country today, to reach a million copies of the constitutional reform proposal, Eldis Vargas Camejo, vice president of Correos de Cuba, reported to Granma.

The run of another 200,000 was necessary, he said, since by Monday, August 6, supplies in most provinces were sold out.

Popular discussion of the draft constitutional reform will begin August 13 in meetings across the country in workplaces, community centers, and schools. During this stage of the process, Cubans will be able to seek clarification and propose modifications to the text, to contribute to the drafting of a final proposal which will subsequently be submitted to a referendum vote.

(Granma)